Date: 06-15-2012

Case Style: Tsinena Thompson v. Troy Rogers

Case Number: CJ-2012-2422

Judge: Lisa T. Davis

Court: District Court, Oklahoma County, Oklahoma

Plaintiff's Attorney: Tsinena Thompson, Pro SE

Defendant's Attorney:

Description: Tsinena Thompson, as Guardian Ad Litem "GAL" and next friend of Elias Martinez a/k/a Cheyenne Leonard a/k/a Cheyenne Martinez, a minor child, sued Troy Rogers Dobbs and Progressive Northern Insurance Company alleging:

1. On or about May 7, 2009, Elias Martinez, A/K/A Cheyenne Leonard, AIKJA Cheyenne Martinez (hereinafter “Minor�) a minor, was a passenger in a vehicle driven by Troy Rogers Dobbs and was iwolved in an automobile accident in Ol
2. Progressive Northern Insurance Company insured the vehicle with a policy that provided liability limits of $25,000 and Uninsured Motorist Covenge limitsof $25,000;

3. Tsinena Tlvmpson, as GAL for the Minor, appears and asserts the Minor’s claim for personal injury and the claim for damages and expenses arising out of treatment of the Minor’s injuries; 4. An agreement has been reached wherein Progressive Northern Insurance Company on behalf of Troy Rogers Dobbs has offered the liability limit of $25,000 and Progressive Northern Insurance Company has offered to pay the Uninsured Motorist limits in amount of $25,000 on the claim for necessary and incidental expenses, past and future, incurred or to be incurred because of the injuries to the Minor by and through GAL Tsinena Thompson as fill payment for pain and suffering, both past and future, permanent disability, disfigurement and any other claim the Minor may have now or which may arise in the fixture, known or unknown, resulting from the accident;

5. Tsinena Thompsor as GAL. on behalf of the Minor, has agreed to pay any and all outstanding medical bills, hospital liens, physicians’ liens, insurance subrogation claims or any other claims against proceeds of this settlement from these funds given her and the Minor and has agreed to indemni1r, hold harmless and defend Troy Rogers Dobbs and Progressive Northern Insurance Company from any further loss or claims by any medical provider, lien claimant or subrogated claimant;

6. Petitioner believes the settlement is fair, equitable and in the best interests of the Minor and declares that this settlement agreement was entered into free from duress or coercion. She further declares that she has formed her opinion with regard to this settlement based upon her independent thought and belief

7. Petitioner is aware that the settlement, if approved by the court, will fully conclude all claims of the Minor. Likewise, Tsinena Thompson, as GAL for the Minor, agrees that no further compensation shall be sought from Troy Rogers Dobbs or Progressive Northern Insurance Company even if the Minor’s condition changes or new injuries develop or are discovered after the approval of this settlement;

8. Petitioner affirms that she is fully aware of the Minor child’s rights in this matter, including the right to have the issues involved in this matter tried to a jury in a civil action for damages filed within two (2) years of the date of the accident and that a jury might award either greater or lesser damages than those received in this settlement. Likewise, Petitioner affirms that she is aware that the Minor would, but for this settlement, also have the right to file a civil action for damages against Troy Rogers Dobbs within two (2) years from the date of the accident. Further, the Minor has the right to file an action against Progressive Northern Insurance Company under the Uninsured Motorist Coverage five (5) years from the date of the accident and that a jury might award either greater or lesser damages than those received in this settlement. Petitioner acknowledges that by asking the Court’s approval of the settlement that she on behalf of the Minor child is waiving the aforementioned rights for the Minor.

WHEREFORE, the Petitioner requests the Court enter an Order approving the compromise agreement and fbr such other and further relief to which she and the Minor are entitled.

Outcome: Settled approved by the Court. Case Dismissed

Plaintiff's Experts:

Defendant's Experts:

Comments: